Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT allowed appeal against multiple service tax demands totaling Rs.1.83 crores. Primary demands included non-reversal of CENVAT credit on exempted services (Rs.1.00 crores), business support services (Rs.42.94 lakhs), and healthcare services. Tribunal found appellant had reversed CENVAT credit with interest, services were incorrectly classified under business support/auxiliary categories, and healthcare services were exempt being inpatient treatments. Revenue failed to prove suppression or willful misstatement warranting extended period under Section 73(1). Demands were either legally unsustainable or time-barred. Tribunal noted appellant's bona fides in paying service tax with interest wherever applicable, attributing non-compliance to interpretational difficulties rather than deliberate evasion.
CESTAT allowed appeal against multiple service tax demands totaling Rs.1.83 crores. Primary demands included non-reversal of CENVAT credit on exempted services (Rs.1.00 crores), business support services (Rs.42.94 lakhs), and healthcare services. Tribunal found appellant had reversed CENVAT credit with interest, services were incorrectly classified under business support/auxiliary categories, and healthcare services were exempt being inpatient treatments. Revenue failed to prove suppression or willful misstatement warranting extended period under Section 73(1). Demands were either legally unsustainable or time-barred. Tribunal noted appellant's bona fides in paying service tax with interest wherever applicable, attributing non-compliance to interpretational difficulties rather than deliberate evasion.
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